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No. 8689267
United States Court of Appeals for the Ninth Circuit
Matute-Martinez v. Mukasey
No. 8689267 · Decided September 19, 2008
No. 8689267·Ninth Circuit · 2008·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
September 19, 2008
Citation
No. 8689267
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Elmer Alex Matute-Martinez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s decision denying *535 his application for adjustment of status. We dismiss the petition for review. We lack jurisdiction to consider Matute-Martinez’s claim of ineffective assistance of counsel because he failed to exhaust it before the BIA. See Ontiveros-Lopez v. INS, 213 F.3d 1121, 1124 (9th Cir.2000) (requiring “an alien who argues ineffective assistance of counsel to exhaust his administrative remedies by first presenting the issue to the BIA”). PETITION FOR REVIEW DISMISSED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Elmer Alex Matute-Martinez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s decision denying *535 his application for adju
Key Points
01MEMORANDUM ** Elmer Alex Matute-Martinez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s decision denying *535 his application for adju
02We lack jurisdiction to consider Matute-Martinez’s claim of ineffective assistance of counsel because he failed to exhaust it before the BIA.
03INS, 213 F.3d 1121, 1124 (9th Cir.2000) (requiring “an alien who argues ineffective assistance of counsel to exhaust his administrative remedies by first presenting the issue to the BIA”).
04This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir.
Frequently Asked Questions
MEMORANDUM ** Elmer Alex Matute-Martinez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s decision denying *535 his application for adju
FlawCheck shows no negative treatment for Matute-Martinez v. Mukasey in the current circuit citation data.
This case was decided on September 19, 2008.
Use the citation No. 8689267 and verify it against the official reporter before filing.